Q: Do USA immigration laws prevent HIV positive persons from entering the country?
A: Immigration law bars foreign nationals with HIV and certain other contagious medical conditions "of public health significance" from entering the USA. However, in certain circumstances, it is possible to request a waiver of the bar to admission.

Q: Are all HIV positive persons applying for a USA visa eligible for an HIV waiver?
A:  USA visas are divided into two basic types: immigrant and non-immigrant visas. The USCIS sets different requirements for eligibility for an HIV waiver based on the type of visa for which the applicant is applying.

Immigrant visa applicants who are the immediate relative of an American citizen (or a permanent resident) or who can claim asylum may be eligible for an HIV waiver on the basis of "family unity, humanitarian purposes or public interest" concerns. K-1 and K-2 Fiance non-immigrant visa applicants may potentially also be eligible for a waiver based on the general waiver provision of promoting family unity.

Non-immigrant visa applicants who plan to stay in the USA for less than 30 days or who are entering the USA for a designated event for which the USCIS has issued a blanket waiver may be eligible for an HIV waiver.

It is important to note however, that waiver applications are not granted automatically and the restrictions and conditions that may be imposed can be daunting.

Q: How can a non-immigrant visa applicant obtain an HIV waiver?
In certain circumstances HIV waivers may be granted to eligible nonimmigrant visa applicants. There is no automatic approval of an application for an HIV waiver and the applicant is typically evaluated on whether they have the funds to cover any medical expenses and whether their admission will create a public health risk in the United States.

Q: How does the USCIS define "immediate relatives"?
A: Close relatives are defined for USA immigration purposes as spouses, unmarried children and parents. 

Q: How can an immigrant visa applicant who is the close relative of a US citizen obtain an HIV waiver?
A: In order to obtain a waiver the applicant must submit a visa petition which is processed by the USCIS and normally sent to the foreign embassy where the foreign applicant resides. Frequently if the condition was unknown to the applicant the HIV status is discovered during the compulsory medical exam. Subsequently a denial letter may be issued with specific instructions regarding the availability and requirements of a waiver. Generally, the criteria for evaluating waiver applications include:

• The danger to public health in the US created by the admission of the applicant is minimal (Generally a letter from the applicants physician stating the applicant's health is stable and the applicant understands how HIV is spread)
  
• The possibility of the spread of HIV by admission is minimal (Generally a sworn statement from the USA visa applicant stating that he or she understands how HIV is spread and does not engage in high risk behavior)
  
• No US government agency will incur an expense because of the applicants' admission (Generally proof that the applicant has private health insurance that will cover the cost of the applicants' HIV infection)